[Congressional Record Volume 172, Number 51 (Friday, March 20, 2026)]
[Senate]
[Pages S1455-S1456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4739. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 1383, to establish the Veterans Advisory Committee
on Equal Access, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. ____. PROTECTIONS RELATING TO FREQUENT FLYER PROGRAMS
AND CO-BRANDED CREDIT CARDS.
(a) In General.--Chapter 423 of title 49, United States
Code, is amended by adding at the end the following new
section:
``SEC. 42309. PROTECTIONS RELATING TO FREQUENT FLYER PROGRAMS
AND CO-BRANDED CREDIT CARDS.
``(a) Protections Related to Points, Miles, and Other
Accrued Value.--
``(1) Value disclosure.--Not later than 90 days after the
date of enactment of this section, each covered air carrier
shall--
``(A) prominently display on each page of the website and
mobile application of the air carrier information regarding
the financial value of one point, mile, or other accrued
value promised or offered in connection with a frequent flyer
program;
``(B) in the case that any such financial value differs
between various co-branded credit cards, or tiers or
iterations of loyalty programs, display information regarding
each differing financial value in a central location on the
website and mobile application of the air carrier; and
``(C) update, in real time, any change to the information
displayed pursuant to subparagraph (A) or (B).
``(2) Expiration of points.--A covered air carrier shall
not place an expiration date on any points, miles, or other
accrued value promised or offered in connection with a
frequent flyer program.
``(3) Transfer of points.--
``(A) In general.--A covered air carrier shall--
``(i) allow a consumer participating in a frequent flyer
program to transfer any amount of points, miles, or other
accrued value of the consumer to another participant (chosen
by the consumer) of the same frequent flyer program; and
``(ii) guarantee that, with respect to any such transfer,
the points, miles, or other accrued value remain equal in
value once transferred.
``(B) Limitations.--A covered air carrier shall not--
``(i) limit the number of points, miles, or other accrued
value that a consumer may transfer to another participant of
the frequent flyer program, except to protect a consumer from
fraud or scams as prescribed by regulation; or
``(ii) impose a fee or other penalty on the consumer in
connection with such transfer.
``(4) Fees for points.--A covered air carrier shall not
impose a fee or other penalty on the consumer to access, use,
redeem, or redeposit points, miles, or other accrued value.
``(5) Display of airfare value.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, each covered air carrier shall
display on any travel booking page of the website and mobile
application of the air carrier--
``(i) the cost of airfare or other ancillary fees both in
dollar value and in the value of points, miles, or other
accrued value promised or offered in connection with a
frequent flyer program; and
``(ii) in the case that any cost described in clause (i)
differs between various co-branded credit cards, or tiers or
iterations of loyalty
[[Page S1456]]
programs, information regarding each such differing cost.
``(B) Manner.--An air carrier shall display the information
required under subparagraph (A) in a manner that--
``(i) displays all costs described in such subparagraph
concurrently; and
``(ii) does not require a consumer to alternate between
methods to display such costs.
``(C) Updates.--An air carrier shall update, in real time,
any change to the information required to be displayed under
subparagraph (A).
``(6) Display of redemption rates.--Not later than 1 year
after the date of enactment of this section, each covered air
carrier shall--
``(A) display on a page of the website and mobile
application of the air carrier the percentage rate of points,
miles, or other accrued value that consumers successfully
used or redeemed in the preceding 12 months; and
``(B) update such percentage rate on an annual basis.
``(7) Airfare and ancillary fee transactions.--Not later
than 1 year after the date of enactment of this section, each
covered air carrier shall offer to consumers the ability to
purchase airfare or other ancillary fees in any combination
of dollars and points, miles, or other accrued value promised
or offered in connection with a frequent flyer program.
``(8) Account security.--Not later than 90 days after the
date of enactment of this section, each covered air carrier
shall--
``(A) require multi-factor authentication for access to a
frequent flyer program account; and
``(B) implement other reasonable data security protections
as the Secretary may require.
``(b) Consumer Notice of Changes to Terms of Service.--
``(1) Changes to terms of services.--With respect to the
terms of service, contract of carriage, or other customer
agreement of any frequent flyer program or airline co-branded
credit card of a covered air carrier, the covered air carrier
shall not include any provision that reserves the right of
the covered air carrier to make changes to the terms of
service, contract of carriage, or other customer agreement
without providing to the consumer at least 1 year of notice
of any such change.
``(2) Notice to consumers.--A covered air carrier shall not
take any action that would allow the covered air carrier to
devalue a consumer's accrued points, miles, or other accrued
value promised or offered in connection with a frequent flyer
program, including any action to decrease the dollar value,
eliminate, reduce, suspend, forfeit, invalidate, impose new
limits on the access, use, redemption, or validity, or impose
new requirements or expense for the redemption or use of any
such points, miles, or other accrued value unless the covered
air carrier has provided to consumers not fewer than 1 year
of notice of any such action.
``(3) Coordination with cfpb and ftc.--In carrying out
paragraphs (1) and (2), the Secretary shall coordinate with
the Director of the Consumer Financial Protection Bureau and
the Commissioners of the Federal Trade Commission, as
necessary.
``(c) Definitions.--In this section:
``(1) Ancillary fee.--The term `ancillary fee' means any
fee paid for service that a consumer may add to a flight
booking for an additional cost, or may purchase as an in-
flight service, including seating options, baggage,
beverages, food, early boarding, lounge access, internet or
wifi access, or any other service determined appropriate by
the Secretary.
``(2) Co-branded credit card.--The term `co-branded credit
card' means a credit card jointly offered by a covered air
carrier in partnership with a credit card issuer, with an
emphasis on rewarding brand loyalty.
``(3) Covered air carrier.--The term `covered air carrier'
means an air carrier (including any program partner of such
air carrier or a foreign airline partnership that includes
such air carrier) conducting passenger operations under part
121 of title 14, Code of Federal Regulations, that offers a
frequent flyer program.
``(4) Frequent flyer program.--The term `frequent flyer
program' means a program in which a covered air carrier
promises or offers points, miles, or other accrued value for
tickets purchased from the covered air carrier.
``(5) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(d) Regulations.--The Secretary may issue such
regulations as may be necessary to implement this section.''.
(b) Clerical Amendment.--The analysis for chapter 423 of
title 49, United States Code, is amended by inserting after
the item relating to section 42308 the following:
``42309. Protections relating to frequent flyer programs and co-branded
credit cards.''.
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